Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

All these forms of interception are generally admissible and obey the same rules. For every kind of interception, it requires the authorization of the examining judge. For the judge to authorize the interception, there must be good reasons to believe that there is no other way to obtain the evidence, or that such evidence is indispensable for the investigation. Interception is allowed for criminal offences punishable with imprisonment exceeding 3 years and a catalogue of offences: drug trafficking, weapons detention and trafficking, smuggling, verbal abuse, threats, coercion and interference in a person's private life and disturbance of peace and tranquillity when committed by telephone, fake threats with the goal of causing general panic, ill-use of emergency lines, prison escape when the person was convicted for one of the above criminal offences. It is also allowed for the investigation of cybercrimes (computer related forgery, fraud, illegal access, illegal interception, data interference, infringement of copyrights), under the same general requirements. This measure can be authorized regarding suspects, people that receive or transmit messages sent or received by the suspect, and the victim. Interception and recording of conversations or communications between the accused and its lawyer is prohibited, except when the judge has a good reason to believe that those conversations constitute or contribute to a criminal offence. The examining judge may authorise interception for a maximum of three months, renewal under the same limits and requirements.

Legal Framework

International legal framework applicable for this measure in your Member State

Domestic legal regime: articles 187º, 188º and 189º of the Criminal Procedural Code and article 18º of Law number 109/2009 (cybercrime law)

Competent Authority

* receive the request/decision for judicial cooperation

Examining Judge

Accepted languages

Accepted languages for the request/decision

Portuguese or Spanish

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Concise legal practical information

Special requirements

Last reviewed on 29 November 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.51 Interception of telecommunication without the technical assistance of another MS (Annex C of the EIO)
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